Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC

These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Deanna Despain, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting. Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

6.Levying a Special Tax for FY 2011 to Fund the Provision of Library Services (PDF)From: City ManagerRecommendation: Adopt second reading of Ordinance No. 7,141–N.S. to set the FY 2011 tax rate for the Library Services Tax at $0.1609 (16.09 cents) per square foot for dwelling units and $0.2434 (24.34 cents) per square foot for industrial, commercial, and institutional buildings. Financial Implications: See reportFirst Reading Vote: All AyesContact: Robert Hicks, Finance, 981-7300

7.FY 2011 Tax Rate to Fund the Provision of Emergency Medical Services (PDF)From: City ManagerRecommendation: Adopt second reading of Ordinance No. 7,142–N.S. setting a special tax rate of $0.0303 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.Financial Implications: See reportFirst Reading Vote: All AyesContact: Robert Hicks, Finance, 981-7300

8.FY 2011 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (PDF)From: City ManagerRecommendation: Adopt second reading of Ordinance No. 7,143–N.S. setting the FY 2011 tax rate for funding all improvements for the maintenance of parks, City Trees, and Landscaping in the City of Berkeley at $0.1137 (11.37 cents) per square foot.Financial Implications: See reportFirst Reading Vote: All AyesContact: Robert Hicks, Finance, 981-7300

9.FY 2011 Tax Rate: Emergency Services for the Severely Disabled (PDF)From: City ManagerRecommendation: Adopt second reading of Ordinance No. 7,144–N.S. setting the FY 2011 tax rate for the provision of emergency services for the disabled at $0.01162 (1.162 cents) per square foot of improvements.Financial Implications: See reportFirst Reading Vote: All AyesContact: Robert Hicks, Finance, 981-7300

10.FY 2011 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) (PDF)From: City ManagerRecommendation: Adopt second reading of Ordinance No. 7,145–N.S. setting the FY 2011 tax rate for Fire protection and Emergency Response and Preparedness at an annual rate of $.04154 (4.154 cents) per square foot of improvements for dwelling units and setting the rate for all other property at an annual rate of $.06286 (6.286 cents).Financial Implications: See reportFirst Reading Vote: All AyesContact: Robert Hicks, Finance, 981-7300

12.Minutes for Approval (PDF)From: City ManagerRecommendation: Approve the minutes for the June 1, 2010 City Council Meetings (special and regular) and the June 15, 2010 City Council Meeting (special closed).Financial Implications: NoneContact: Deanna Despain, City Clerk, 981-6900

13.Calling for a Consolidated General Municipal Election for November 2, 2010 (PDF)From: City ManagerRecommendation: Adopt a Resolution:1. Calling for a General Municipal Election to be consolidated with the Statewide General Election to be held in Berkeley on November 2, 2010;2. Requesting the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Statewide General Election;3. Authorizing certain procedural and contractual actions; and4. Establishing policies for the filing of candidate statements of qualification.Financial Implications: See reportContact: Deanna Despain, City Clerk, 981-6900

16.Grant: Department of Homeland Security (DHS) Assistance to Firefighters Grant Program (PDF)From: City ManagerRecommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Department of Homeland Security (DHS) Assistance to Firefighters Grant Program in the amount of $219,225 to fund a Type III firefighting engine and equipment for use with fighting urban/wildland interface fires.Financial Implications: Grant match: FY 2011 Equipment Replacement Fund - $146,150 or 40% of the total cost.Contact: Debra Pryor, Fire, 981-3473

18.Contract No. 8082 Amendment: National Development Council (PDF)From: City ManagerRecommendation: Amend Contract No. 8082 with the National Development Council (NDC) for financial advisory services related to securing the New Markets Tax Credits (NMTC) financing for the Ed Roberts Campus (Campus), including ensuring the City’s interests are represented in NMTC budget negotiations, and for providing assistance in evaluating and monitoring the leasing and fundraising activities of the Ed Robert’s Campus since it started construction of the Campus in September 2008. Financial Implications: See reportContact: Jane Micallef, Housing, 981-5400

19.Grant Applications: Proposition 84 Nature Education Facilities Grant Program for Shorebird Nature Trail Project and Cesar Chavez Nature Trail Project (PDF)From: City ManagerRecommendation:1. Adopt a Resolution approving the filing of an application for the Proposition 84 Nature Education Facilities Grant Program for the Shorebird Nature Trail Project in the amount of $1,200,000; and authorizing the City Manager or his designee to accept any resultant grant awards and enter into related grant agreements.2. Adopt a Resolution approving the filing of an application for the Proposition 84 Nature Education Facilities Grant Program for the Cesar Chavez Nature Trail Project in the amount of $900,000; and authorizing the City Manager or his designee to accept any resultant grant awards and enter into related grant agreements.Financial Implications: See reportContact: William Rogers, Parks, Recreation and Waterfront, 981-6700

20.Rescind Resolution No. 64,916-N.S. and Adopt a Revised Resolution for Residential Parking Permit Program Modifications (PDF)From: City ManagerRecommendation: Rescind Resolution No. 64,916-N.S. adopted June 1, 2010 and adopt a revised Resolution deleting inapplicable language contained in the original resolution. The original resolution included text relating to a resident petition, which would only apply for a resident initiated Residential Permit Parking (RPP) modification. However, that language does not apply and is deleted from the new resolution because this was a Council initiated RPP modification which does not require a resident petition.Financial Implications: NoneContact: Claudette Ford, Public Works, 981-6300

21.Contracts: On-Call Civil Engineering Services (PDF)From: City ManagerRecommendation: Adopt 4 Resolutions authorizing the City Manager to execute contracts and any amendments, extensions or other change orders with1. HDR Engineering, Inc. in an amount not to exceed $250,000;2. RMC Water and Environment in an amount not to exceed $250,000;3. Harris & Associates in an amount not to exceed $250,000;4. Wilsey Ham in an amount not to exceed $250,000 to provide On-Call Civil Engineering Services for sanitary sewer projects and various other city projects for a period of three years from July 1, 2010 to June 30, 2013 for a total amount not to exceed $1,000,000.Financial Implications: See reportContact: Claudette Ford, Public Works, 981-6300

27.Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Open Opera (PDF)From: Councilmembers Capitelli and WengrafRecommendation: Adopt a Resolution to approve the expenditure of $500 to Open Opera with funds relinquished to the City's General Fund for this purpose, $250 from Councilmember Capitelli's and $250 from Councilmember Wengraf's respective discretionary Council Office Budgets.Financial Implications: Councilmembers' Discretionary Funds - $250 eachContact: Laurie Capitelli, Councilmember, District 5, 981-7150

34.Updating and Reissuing the Telegraph Area Crime Watch and Prevention Pamphlet (PDF)From: Councilmember WorthingtonRecommendation: Refer the Telegraph Area Crime Watch and Prevention Pamphlet to the City Manager and Police Chief to update and reissue a new pamphlet to businesses, students and residents before August 20, 2010.Financial Implications: MinimalContact: Kriss Worthington, Councilmember, District 7, 981-7170

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

38.FY 2011 Street Light Assessments (PDF)From: City ManagerRecommendation: Conduct a public hearing and upon conclusion, adopt a Resolution confirming the assessments in the Engineer's Report, dated April 2010, and authorizing the levying of FY 2011 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.Financial Implications: See reportContact: Claudette Ford, Public Works, 981-6300

41.Budget Adoption (PDF)a. From: City ManagerRecommendation:1. Adopt a Resolution adopting the FY 2011 Mid-biennial Budget as contained in the City Manager’s FY 2011 Proposed Mid-biennial Budget Update, presented on May 4, 2010, and as amended by subsequent Council action.2. Schedule a workshop and possible action in late 2010, to review the impact of the State budget cuts and City revenue trends.3. Adopt a resolution authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2011, as reflected in Attachment 1, and as amended by Council4. Approve a loan not-to-exceed $4 million to the Refuse Fund to cover the fund deficit in FY 2011: $2 million from the Worker’s Compensation Fund and $2 million from the 1947 Center Street Facilities Fund.Financial Implications: See reportContact: Tracy Vesely, Budget Manager, 981-7000

b. Side Letters of Agreement – SEIU Local 1021 (PDF)Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement Side Letters of Agreement with Service Employees International Union Local 1021 Maintenance and Clerical Chapters and the Community Services and PTRLA Chapters to mitigate the full effects of a reduction in force for the first 8.5 months of Fiscal Year 2011. The Side Letters of Agreement allow an employee to: 1) voluntarily reduce his or her work schedule to a 37.5 hour work week, or 2) voluntarily take time off without pay, or 3) for a few specific job classifications chose to accept an incentive to retire before November 30, 2010.Financial Implications: See reportContact: David Hodgkins, Human Resources, 981-6805

c. Side Letters of Agreement – Public Employees Union Local 1 (PDF)Revised materials (PDF)Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement Side Letters of Agreement with Public Employees Union Local 1 to mitigate the full effects of a reduction in force for the first 10 months of Fiscal Year 2011. The Side Letter of Agreement allows an employee to: 1) voluntarily take time off without pay or 2) to voluntarily reduce his or her work schedule to part time of not less than 85% time.Financial Implications: See reportContact: David Hodgkins, Human Resources, 981-6805

d. Mayor's Proposed FY 2011 Budget Recommendations (PDF)From: Mayor BatesRecommendation: Adopt the City Manager's Proposed Budget for FY 2011 and refer the Council budget requests to the following processes:1. $30,000 for Berkeley Student Coop for Energy Efficiency Retrofits to be referred to the new Money for Energy Efficiency (ME2) rebate program.2. $44,000 for Options Recovery Services to be referred to the mid-year budget process after thorough analysis of the on-going impacts of State budget cuts and volatile realignment funds; and3. 60 days after the passage of the State budget, the City Council will review the impacts, and if necessary, take additional measures to maintain a balanced budget.Financial Implications: See reportContact: Tom Bates, Mayor, 981-7100

e. Possible Pool Closures (PDF)Supplemental materials (PDF)From: Councilmembers Wozniak and WorthingtonRecommendation: Ask the City Manager to review the operating budget for all three neighborhood pools. If there is a budget shortfall that requires the closure of a neighborhood pool, he should institute a fair public process to determine which—if any pool—should be closed. No closures should occur until a fair and transparent public process has been completed. Additionally, we ask the City Manager to report back to Council about the feasibility of finding additional operating funds to keep the three neighborhood pools open through the summer.Financial Implications: UnknownContact: Gordon Wozniak, Councilmember, District 8, 981-7180

43.Appropriations Limit for FY 2011 (PDF)Recommendation: Adopt a Resolution establishing the appropriations limit at $183,150,304 for FY 2011 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.Financial Implications: See reportContact: Robert Hicks, Finance, 981-7300

b. From: City Manager (PDF)Recommendation: The City Manager refers the specific operational items in the Disaster and Fire Safety Commission report to the mid-year budget process for consideration and review by impacted City departments. The recommendations put forth by the Disaster and Fire Safety Commission are comprehensive and cross multiple department responsibilities. The impact of the recommendations will require City staff to evaluate them further.Financial Implications: See reportContact: Debra Pryor, Fire, 981-3473

45.Pedestrian Master Plan Adoption and Approval of CEQA Documenta. From: Transportation Commission (PDF)Recommendation: Adopt a Resolution to do the following:1. Adopt both the Berkeley Pedestrian Master Plan as an implementation measure of the General Plan Transportation Element, and the Plan's Initial Study/Mitigated Negative Declaration;2. Pursue additional staffing for the implementation of the Pedestrian Plan;3. Refer to the budget process an allocation of $170,000 annually from the General Fund for "Pedestrian Plan Implementation", similar to the Bicycle Plan Implementation fund; and4. Develop, within the next six months, a "Complete Streets" policy that guides integration of the Pedestrian Plan into all relevant municipal activities.Financial Implications: See reportContact: Farid Javandel, Commission Secretary, 981-6300

b. From: City Manager (PDF)Recommendation: Adopt a Resolution to do the following:1. Find that the Pedestrian Master Plan will not have a significant effect on the environment and adopt the Plan's Initial Study/Mitigated Negative Declaration,2. Adopt the Berkeley Pedestrian Master Plan,3. Pursue implementation of the Pedestrian Master Plan as funding permits, and4. Develop by FY 2012 a "Complete Streets" policy that guides integration of the Pedestrian Plan guidelines into projects as a cost-effective means for implementation.Financial Implications: See reportContact: Claudette Ford, Public Works, 981-6300

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 17, 2010.

Deanna Despain, City Clerk

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.